Transferring CFA’s – not such plain sailing

A recent case has highlighted continuing difficulties in recovery of costs where a claim under a CFA has been transferred between firms of Solicitors. Many might have thought that following the decision by the Court of Appeal in Budana v Leeds Teaching Hospitals NHS Trust (Law Society intervening) [2018] 1 WLR 1965 (in which the transfer succeeded such that success fees remained payable) the many thousands of cases which have been subject to such transfers could proceed without difficulty. However, in the case of Roman v AXA Insurance PLC (unreported) before HHJ Wulwik in the County Court at Central London, it was found that the efficacy of the transfer depended very much upon the documentat

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